But decades later, employer pay practices continue to create gender and racial wage gaps. Rather than punish employees for discussing wages, employers should strive to have well-written compensation policies that inform all employees how they decide salary. And your employer cant stop you from discussing your salary with coworkers. Of course, discussing salary at work can be problematic. This is because they may feel that its fairer to their employees. A. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working. Confidentiality Rules for Medical Information The biggest category of records that must be kept confidential is medical information. They may also implement a complaint resolution procedure that gives employees a chance to be heard if they feel their salary is not in line with their co-workers. Yes, your employer can disclose your salary to other employees. In a nutshell, the NLRA protects most employees right to discuss their salary, and President Obamas executive order applied that same right to federal employees and contractors. It is an agreement between the union and the employer. Employee compensation is a sensitive subject, one that many employers would like to keep secret. Then they can bring it up to their boss. A. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Publicizing salaries can be time-saving for employers, too, by attracting job-seekers and weeding out those whose expectations don't match up. While employees are free to discuss their wages with one another, there must still be some degree of confidentiality. If so, your salary information is public record and available to anyone who requests it. See, NLRB v. Brookshire Grocery Co., 919 F.2d 359 (5th Circuit, 1990). About 50% of American workers report that their employers prohibit or discourage discussions of wages and salaries. Insperity has been showing companies how to harness the power of HR since 1986. You can talk to your boss or the HR department. Forbid you from discussing . Employers must disclose the range for a role before they discuss compensation. For the most part: no, employers may not prohibit employees from discussing compensation according to the National Labor Relations Board (NLRB) and an April 2014 Executive Order from former President Obama. Even informal, unwritten policies or practices, such as when supervisors urge employees not to discuss pay, are illegal under the NLRA. They may feel that their salary is personal information. While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time. As a result, they may be unable to share their salary information with others. These are listed exceptions to the general rules of non-disclosure. Employers tend to gather a lot of paperwork on employees, from employment applications and resumes to benefits forms, performance evaluations, disciplinary documentation, contact information, and even medical records. This field is for validation purposes and should be left unchanged. | Leadership Tips. And many states have passed pay transparency laws for employees. This blog was originally published in April 2014. While you want to empower them to weigh in on salary decisions, those decisions cant be made in a bubble. Can My Employer Disclose My Salary To Other Employees? The ADA only prohibits discrimination on the basis of disability. Have you been terminated? This can help employers address unequal pay and make sure.